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THE EGGP ACT

The engineering, Geological and
Geophysical professions act

Being Chapter E-11.1
Revised Statues ofAlberta, 2000
Printed April 2003

pART 1

SCOPE OF PRACTICE


 

Exclusive scope of the practice of engineering

2(1) Except as otherwise provided in this Act, no individual, corporation, partnership or other entity, except a professional engineer, a licensee so authorized in the licensee's licence, a permit holder so authorized in its permit or a certificate holder so authorized in the certificate holder's certificate, shall engage in the practice of engineering.

(2) No individual, corporation, partnership or other entity, shall engage in both the practice of engineering and the practice of architecture as defined in the Architects Act, or hold out that it is entitled to engage in both the practice of engineering and the practice of architecture unless it holds a certificate of authorization under this Act or the Architects Act permitting it to do so.

(3) A professional engineer, licensee, permit holder or joint firm may engage in the practice of surveying other than land surveying as defined in the Land Surveyors Act.

(4) Subsection (1) does not apply to the following:

(a) a person engaged in the execution or supervision of the construction, maintenance, operation or inspection of any process, system, work, structure or building in the capacity of contractor, superintendent, foreman or inspector or in any similar capacity, when the process, system, work, structure or building has been designed by and the execution or supervision is being carried out under the supervision and control of a professional engineer or licensee;
(b) a person engaged in the practice of engineering as an engineer-in-training or engineering technologist in the course of being employed or engaged and supervised and controlled by a professional engineer, licensee, permit holder or certificate holder;
(c) a member of a class of persons designated in the regulations as an engineering technologist as defined in the regulations;
(d) a person who in accordance with an Act or regulation in respect of mines, minerals, pipelines, boilers and pressure vessels, building codes or safety codes for buildings is engaged in any undertaking or activity required under or pursuant to that Act or the regulations under that Act;
(e) a person who, on the person's own property and for the person's sole use or the use of the person's domestic establishment, carries out any work that does not involve the safety of the public;
(f) a member of the Canadian Forces while actually employed on duty with the Forces;
(g) a person engaged or employed by a university whose practice of the profession consists exclusively of teaching engineering at the university.

(5) A restricted practitioner is not authorized by the operation of subsection (1) to engage in the practice of engineering beyond the scope of the practice that is specified in the register.

(6) Subsection (1) does not apply to a person if the person engages in

(a) planning, designing or giving advice on the design of or on the erection, construction or alteration of or addition to,
(b) preparing plans, drawings, detail drawings, specifications or graphic representations for the design of or for the erection, construction or alteration of or addition to, or
(c) inspecting work or assessing the performance of work under a contract for the erection, construction or alteration of or addition to

a building set out in subsection (7).

(7) The buildings referred to in subsection (6) are the following:

(a) a building, 3 storeys or less in height, for assembly occupancy or institutional occupancy that,

(i) in the case of a single storey building, has a gross area of 300 square metres or less,
(ii) in the case of a 2 storey building, has a gross area of 150 square metres or less on each floor, or
(iii) in the case of a 3 storey building, has a gross area of 100 square metres or less on each floor;

(b) a building for residential occupancy that

i) is a single family dwelling, or
(ii) is a multiple family dwelling, containing 4 dwelling units or less;

(c) a building, 3 storeys or less in height, for residential occupancy as a hotel, motel or similar use that,

(i) in the case of a single storey building, has a gross area of 400 square metres or less,
(ii) in the case of a 2 storey building, has a gross area of 200 square metres or less on each floor, or
(iii) in the case of a 3 storey building, has a gross area of 130 square metres or less on each floor;

(d) a building, 3 storeys or less in height, for warehouse, business and personal services occupancy, for mercantile occupancy or for industrial occupancy that,

(i) in the case of a single storey building, has a gross area of 500 square metres or less,
(ii) in the case of a 2 storey building, has a gross area of 250 square metres or less on each floor, or
(iii) in the case of a 3 storey building, has a gross area of 165 square metres or less on each floor;

(e) a building that is a farm building not for public use;
(f) a relocatable industrial camp building.

1981 cE-11.1 s2;1984 c17 s3;1991 cS-0.5 s70

Exclusive use of name engineer

3(1) No individual, corporation, partnership or other entity, except a professional engineer, licensee or permit holder entitled to engage in the practice of engineering, shall

(a) use

(i) the title "professional engineer", the abbreviation "P. Eng." or any other abbreviation of that title, or
(ii) the word "engineer" in combination with any other name, title, description, letter, symbol or abbreviation that represents expressly or by implication that the individual, corporation, partnership or other entity is a professional engineer, licensee or permit holder,
or

(b) represent or hold out, expressly or by implication, that the individual, corporation, partnership or other entity

(i) is entitled to engage in the practice of engineering, or
(ii) is a professional engineer, licensee or permit holder.

(2) No individual, corporation, partnership or other entity, except a professional engineer, licensee or permit holder entitled to engage in the practice of engineering, shall affix the stamp or seal of a professional engineer or licensee or the permit number of a permit holder or allow that stamp, seal or permit number to be affixed to a plan, drawing, detail drawing, specification or other document or a reproduction of any of them unless

(a) that plan, drawing, detail drawing, specification, other document or reproduction was prepared by or under the supervision and control of, and
(b) the stamp, seal or permit number is affixed with the knowledge and consent or in accordance with the direction of
the professional engineer or licensee to whom or the permit holder to which the stamp, seal or permit number was issued.

(3) Notwithstanding subsection (2), a professional engineer, licensee or permit holder may affix a stamp, seal or permit number, as the case may be, to a plan, drawing, detail drawing, specification, other document or reproduction prepared by other persons if the professional engineer, licensee or permit holder completes a thorough review of and accepts professional responsibility for that plan, drawing, detail drawing, specification, other document or reproduction.

1981 cE-11.1 s3;1984 c17 s4;1995 c14 s3;1998 c14 s2

Holding out by joint firm

4 A joint firm

(a) may hold itself out as "engineers and architects" or "architects and engineers" only if it has both professional engineers and registered architects as partners or shareholders in an arrangement that is satisfactory to the Council and the council of The Alberta Association of Architects;
(b) shall not hold itself out as "engineers and architects" or "architects and engineers" if the registered architects or professional engineers are employees only and not partners or shareholders, or if the partnership or shareholding arrangement is not satisfactory to the Council or the council of The Alberta Association of Architects.

1981 cE-11.1 s4

Exclusive scope of the practice of geology

5(1) Subject to subsection (2), no individual, corporation, partnership or other entity, except a professional geologist, a licensee so authorized in the licensee's licence and a permit holder so authorized in the permit, shall engage in the practice of geology.

(2) Subsection (1) does not apply to the following:

(a) a person engaged in the execution or supervision of the construction, maintenance, operation or inspection of any geological investigation, study, work or instrumentation in the capacity of contractor, superintendent, foreman or inspector, or in any similar capacity, when the investigation, study, work or instrumentation has been designed by and the execution or supervision is being carried out under the supervision and control of a professional geologist or licensee;
(b) a person engaged in the practice of geology as a geologist-in-training or geological technologist in the course of being employed or engaged and supervised and controlled by a professional geologist, licensee or permit holder;
(c) a member of a class of persons designated in the regulations as a geological technologist as defined in the regulations;
(d) a person who, as a prospector, is engaged in any activities that are normally associated with the business of prospecting;
(e) a member of the Canadian Forces while actually employed on duty with the Forces;
(f) a person engaged or employed by a university whose practice of the profession consists exclusively of teaching geology at the university.

1981 cE-11.1 s5;1984 c17 s5

Exclusive use of name geologist

6(1) No individual, corporation, partnership or other entity, except a professional geologist or a licensee or permit holder entitled to engage in the practice of geology, shall

(a) use

(i) the title "professional geologist", the abbreviation "P. Geol." or any other abbreviation of that title, or
(ii) the word "geologist" in combination with any other name, title, description, letter, symbol or abbreviation that represents expressly or by implication that the individual, corporation, partnership or other entity is a professional geologist, licensee or permit holder,
or

(b) represent or hold out, expressly or by implication, that the individual, corporation, partnership or other entity

(i) is entitled to engage in the practice of geology, or
(ii) is a professional geologist, licensee or permit holder.

(2) No individual, corporation, partnership or other entity, except a professional geologist, licensee or permit holder entitled to engage in the practice of geology, shall affix the stamp or seal of a professional geologist or licensee or the permit number of a permit holder or allow that stamp, seal or permit number to be affixed to a map, geological cross-section, specification, report or other document or a reproduction of any of them unless

(a) that map, geological cross-section, specification, report, other document or reproduction was prepared by or under the supervision and control of, and
(b) the stamp, seal or permit number is affixed with the knowledge and consent or in accordance with the direction of
the professional geologist or licensee to whom or the permit holder to which the stamp, seal or permit number was issued.

(3) Notwithstanding subsection (2), a professional geologist, licensee or permit holder may affix a stamp, seal or permit number, as the case may be, to a map, geological cross-section, specification, report, other document or reproduction prepared by other persons if the professional geologist, licensee or permit holder completes a thorough review of and accepts professional responsibility for that map, geological cross-section, specification, report, other document or reproduction.


1981 cE-11.1 s6;1984 c17 s6;1998 c14 s3


Exclusive scope of the practice of geophysics

7(1) Subject to subsection (2), no individual, corporation, partnership or other entity, except a professional geophysicist, a licensee so authorized in the licensee's licence or a permit holder so authorized in the permit, shall engage in the practice of geophysics.

(2) Subsection (1) does not apply to the following:

(a) a person engaged in the execution or supervision of the construction, maintenance, operation or inspection of any geophysical process, system, work or instrumentation in the capacity of contractor, superintendent, foreman or inspector, or in any similar capacity, when the process, system, work or instrumentation has been designed by and the execution or supervision is being carried out under the supervision and control of a professional geophysicist or licensee;
(b) a person engaged in the practice of geophysics as a geophysicist-in-training or geophysical technologist in the course of being employed or engaged and supervised and controlled by a professional geophysicist, licensee or permit holder;
(c) a member of a class of persons designated in the regulations as a geophysical technologist as defined in the regulations;
(d) a person who is engaged in the routine maintenance of geophysical equipment, or if carried out under the supervision and control of a professional geophysicist, the routine operation, reduction or plotting of geophysical observations;
(e) a member of the Canadian Forces while actually employed on duty with the Forces;
(f) a person engaged or employed by a university whose practice of the profession consists exclusively of teaching geophysics at the university.

1981 cE-11.1 s7;1984 c17 s7

Exclusive use of name geophysicist

8(1) No individual, corporation, partnership or other entity, except a professional geophysicist or a licensee or permit holder entitled to engage in the practice of geophysics, shall

(a) use

(i) the title "professional geophysicist", the abbreviation "P. Geoph." or any other abbreviation of that title, or
(ii) the word "geophysicist" in combination with any other name, title, description, letter, symbol or abbreviation that represents expressly or by implication that the individual, corporation, partnership or other entity is a professional geophysicist, licensee or permit holder,
or

(b) represent or hold out, expressly or by implication, that the individual, corporation, partnership or other entity

(i) is entitled to engage in the practice of geophysics, or
(ii) is a professional geophysicist, licensee or permit holder.

(2) No individual, corporation, partnership or other entity, except a professional geophysicist, licensee or permit holder entitled to engage in the practice of geophysics, shall affix the stamp or seal of a professional geophysicist or licensee or the permit number of a permit holder or allow that stamp, seal or permit number to be affixed to a map, geophysical cross-section, specification, report or other document or a reproduction of any of them unless

(a) that map, geophysical cross-section, specification, report, other document or reproduction was prepared by or under the supervision and control of, and
(b) the stamp, seal or permit number is affixed with the knowledge and consent or in accordance with the direction of

the professional geophysicist or licensee to whom or the permit holder to which the stamp, seal or permit number was issued.

(3) Notwithstanding subsection (2), a professional geophysicist, licensee or permit holder may affix a stamp, seal or permit number, as the case may be, to a map, geophysical cross-section, specification, report, other document or reproduction prepared by other persons if the professional geophysicist, licensee or permit holder completes a thorough review of and accepts professional responsibility for that map, geophysical cross-section, specification, report, other document or reproduction.

1981 cE-11.1 s8;1984 c17 s8;1998 c14 s4

Injunction

9 The Court, on application by the Council by way of originating notice, may grant an injunction enjoining any person from doing any act or thing that contravenes this Part, notwithstanding any penalty that may be provided by this Act or the regulations in respect of that act or thing.
1981 cE-11.1 s9